The Justice Department has requested White House approval for an update to its data collection processes related to marijuana pardons that it issues under , the President’s recently expanded Clemency Proclamation.
The Office of the Pardon Attorney of the DOJ published an announcement in the Federal Register last Friday requesting permission to collect information on people applying for pardon certificates in accordance with the proclamation issued by President Joe Biden in December, for those who have committed federal cannabis possession crimes, including cases which took place on federal land.
The Department of Justice has been collecting information on the certificate applicants under Biden’s previous 2022 cannabis pardon announcement. However, it requires the White House Office of Management and Budget to approve additional data gathering as part of the expanded clemency initiative in order to provide “statistical analysis of the demographics of both pardon applicants and recipients.”
Starting Friday, a 60-day period of public comments will be opened for interested parties to give feedback on “practical utility”, the accuracy of the estimated burden of data collection, and possible improvements to proposed processes.
The notice states that “the second proclamation has expanded the statutes for convictions eligible for pardons, the circumstances in which eligible persons were pardoned and the time period covered by the pardon.” The number of people who are eligible to request a pardon certificate has increased.
DOJ stated that “there is no significant change in the burden an individual applicant will face.” The DOJ will continue to ask applicants about their citizenship, their court of jurisdiction, and their demographic information. According to the filing, it is expected that people will take on average 120 minutes to complete the pardon certificate request and provide all the information needed to process their requests.
The administration wants to provide individuals with the opportunity to have their pardons formally documented, if desired. The Justice Department opened the updated applications quickly and began issuing certificates.
In the new notice, DOJ stated that “the new announcement has approximately doubled potential applicants pool”, meaning around 13,000 people could be eligible. The DOJ expects “about 1,500 applicants per year” to apply for certificates.
The pardon is mostly symbolic and signals the administration’s view that low-level marijuana offenses should not be prosecuted. The pardon does not expunge any records, and people do not have to get the certification. However, it is an official acknowledgment of the relief granted.
Biden, however, has claimed that this is not the case. He made this false claim during a South Carolina campaign event last week when he suggested that he had “expunged’ records and that prisoners were released.
As many advocates have pointed out, there are still some people in federal prison for other non-violent marijuana crimes. They have urged the Biden administration do more. This includes keeping his cannabis campaign promise to decriminalize pot.
In his first three-year tenure, the president has not indicated any willingness to decriminalize cannabis. However, he has directed an ongoing administrative review of cannabis scheduling. The U.S. Department of Health and Human Services has suggested moving marijuana from Schedule I to Schedule III of Controlled Substances Act. Now, it is up to the Drug Enforcement Administration to make the final decision.
Biden seems to be aware of the popularity of marijuana reform by promoting his pardon of all cannabis users. A recent poll shows that he could gain a lot of popularity if his directive on scheduling results in a federal law reclassification.
The study found that the impression that voters had of President increased by a net of 11 points when they heard about the potential implications of the rescheduling evaluation. This includes a favorable swing of 11 points among young voters aged 18-25, who are critical for his reelection campaign.
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Photo by Mike Latimer.
The post DOJ Seeks White House Approval for Updated Marijuana pardon Certificate Form under Biden’s Expanded Proclamation first appeared on Marijuana moment.
